Maintenence Act 1999 · As enacted · Part I · Application for Maintenance
2. Order for Maintenance of a spouse or child or adult offspring or disabled offspring
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Where any person having sufficient means, neglects or unreasonably refuses to maintain such person’s spouse who is unable to maintain himself or herself, the
Magistrate may, upon an application being made for maintenance and upon proof of such neglect or unreasonable refusal, order such person to make a monthly allowance for the maintenance of such spouse at such monthly rate as the
Magistrate thinks fit, having regard to the income of such person and the means and circumstances of such spouse :
Provided however, that no such order shall be made if the applicant spouse is living in adultery or both the spouses are living separately by mutual consent.
Where a parent having sufficient means neglects or refuses to maintain his or her child who is unable to maintain himself or herself, the Magistrate may upon an application being made for maintenance and upon proof of such neglect or refusal, order such parent to make a monthly allowance for the maintenance of such child at such monthly rate as the
Magistrate thinks fit, having regard to the income of the parents and the means and circumstances of the child :
Provided however, that no such order shall be made in the case of a non-marital child unless parentage is established by cogent evidence to the satisfaction of the Magistrate.
Where a parent having sufficient means neglects or refuses to maintain his or her adult offspring who is unable to maintain himself or herself, the Magistrate may upon an application being made for maintenance and upon proof of such neglect or refusal, order such parent to make a monthly allowance for the Maintenance of such adult offspring at such monthly rate as the Magistrate thinks fit, having regard to the income of the parents and the means and circumstances of the adult offspring :
Provided however, that no such order shall be made in the case of an non-marital adult offspring unless parentage is established by cogent evidence to the satisfaction of the
Magistrate.
where a parent having sufficient means neglects or refuses to maintain his or her disabled offspring who is unable to maintain himself or herself, the Magistrate may upon an application being made for maintenance and upon proof of such neglect or refusal, order such parent to make a monthly allowance for the maintenance of such disabled off spring at such monthly rate as the Magistrate thinks fit, having regard to the income of the parents and the means and circumstances of the disabled offspring :
Provided however, that no such order shall be made in the case of a disabled non-marital offspring unless parentage is established by cogent evidence to the satisfaction of the
Magistrate.
Where an order is made by a Magistrate for the payment of an allowance pursuant to an application made under subsection (1) or (2) or (3) or (4), such allowance shall be payable from the date on which the application for maintenance was made to such court, unless the Magistrate, for good reasons to be recorded, orders payment from any other date.
Where an application is made for the maintenance of a child, adult offspring or disabled offspring, as the case may be under subsection (2), (3) or (4), as the case may be, the court may, either on the application of the parties or of its own motion, add the other parent as a party to such application and make such order as is appropriate against one or both such parents.
Part II